Submission by the south african national civics organisation (sanco) to parliament ad-hoc committee on the protection of information bill contact Person: National President nr bhengu

SUBMISSION BY THE SOUTH AFRICAN
NATIONAL CIVICS ORGANISATION
(SANCO) TO PARLIAMENT AD-HOC
COMMITTEE ON THE PROTECTION OF
INFORMATION BILL

Contact Person: National President NR Bhengu

082 445 5119

1. 
   Introduction
   

The South African National Civics Organisation (SANCO) has noted the publication of the Protection of Information Bill in the Government Gazette No 32999 of 5 March 2010.

The South African National Civics Organisation supports the tabling and enactment of this bill into an Act of Parliament as it would strengthen the mechanisms to secure and defend the state and the people of South Africa. We believe this Bill is in tandem with the provisions of the Constitution and is aimed at promoting democracy, openness, accountability and at the same time engendering responsibility in the citizens in the preservation of our nation and the national interest.
As the Constitution imposes upon the government and Parliament the express obligation and duty to manage the national security and advance the national interest, we believe the government is in concurrent with the Constitution by introducing this bill as a means to realise the object of protecting the citizens from criminality and protecting the state, as such from its enemies.
This bill provides that this country shall, for the first time know the secret that preserved the apartheid regime. It facilitates the flow of information from the old classification system, which was largely aimed at protecting the crimes of apartheid, corruption and privileges of the few. The proper history of South Africa shall be written, enhanced by the access level our people will have to the huge documents that have been kept under the unjustifiable classification system as provided by the Protection of Information Act of 1982.
The democratic state is committed to build a balance between secrecy and openness in our society. This bill establishes a new regime in the management of state information. It seeks to ensure proper determination in the classification process, any information that has material impact to the preservation of national security is protected from unnecessary disclosure, at the same time facilitating the disclosure of any information that enhances the public interest.
Our emergence as a democracy has imposed international responsibilities on our state. We have become a player of note in the global affairs, as such there has been an increase in attention towards our actions and views. Again, we are an emerging market economy endowed with natural mineral resources, steeped development in technology and located strategically in the continent of Africa. The US regards us as an emerging influential state, participating in the G20 club of nations, India – Brazil – South Africa forum and other important forums, to be engaged to enhance cooperation with the African continent. The state requires mechanisms to protect and secure the resources of our people, intellectual property, the market and the strategies and plans to advance our development. This bill becomes an instrument at our disposal to ensure national security and advance national unity.

2. 
   Objects of the Bill
   

1. 
   The Objects of the Bill enhances the provisions of the Constitution. They seek to regulate the manner in which State information may be protected, promote transparency and accountability, handling and protection of State information in a constitutional democracy.
   

2. 
   These objects further provide a methodical approach to determine what to protect, provide regulatory framework, define the nature and categories of information to be protected from destruction, loss or unlawful disclosure.
   

3. 
   They provide for classification and declassification, create a system for review of the status of classified information, regulate accessibility of declassified information and harmonise the provisions of the following Acts; Promotion of Access to Information Act, National Archives and Records Service of South Africa Act.
   

4. 
   They establish a National Declassification Database of declassified information for easier access by the members of the public, and establishes offences and penalties in the commission of any acts that are referred as hostile activities towards the Republic i.e. espionage, disclosure of classified information, information peddling and unlawful classification.
   

3. 
   Threats that South Africa faces
   

In recent times we have witnessed the scourge of information peddling in the country. These acts are pursued largely by those who have had access to apartheid secret information blackmailing the government out of its Constitutional obligations, character assassinating its leadership and personnel of being engaged in unlawful activities.

These are largely based on the objective of delegitimizing the government and particular the ruling party. Secondly, intended to raise doubts in the commitment of government to attend and address the plight of the people. Thirdly, to instigate divisions, infightings and ultimately the collapse of ruling party and government and the disintegration of the society.
Consequently, there should be the abortion of the democratic change that is taking place in the country, the abolition of majority black rule and the perpetuation of the injustices of the past. The hallmark of these are the Bheki Jacobs Conspiracy report during the Hefer Commission, the Special Browse Mole report of the Directorate of Special Operations and several other reports that are being spread in the region of Southern Africa.
The threat of espionage has grown. Foreign countries are interested in the strategies and plans of South Africa. The government institutions and personnel are being infiltrated by foreign intelligence services in order to ensure access to information and control over policy making process.
Whilst we respect the provisions of international law regulating relations amongst states, we do not believe it is the right of any country to have unlawful access to classified information. These actions undermine the sovereignty of our state and the ability of South Africa to pursue her domestic and foreign policies. These threats require upfront confrontation, and this Bill empowers the state to take appropriate measures to combat it.

4. 
   Building Democracy
   

The task to consolidate this democracy is for us all. Its consolidation means the ability to unite the nation, the common expression of the national interest and understanding of the public interest and the establishment of rule of law.

It is the duty of the government to lead the country, and together with the people determine what is in our national interest. Policy as administered by the Executive is derived from these interactions. It is imperative to recognise that the government serves by the will of the people, and it serves to advance the interest of the people. The key policy objective the democratic state is to build unity amongst the people of South Africa. This is done through the implementation of policies and programmes that seek to uplift the standard of living, ensure schooling and protection of the citizens.
The debate about national interest vis-à-vis public interest is a liberal debate employed by those who aim to denigrate the task of the state. SANCO does not believe that it is worth consideration, but must be understood in the context of those who seek to derail the national unity and disrupt national security.
End